SSN before EAD

[robanddev 0]

i am under k-1 visa, got married a week ago and i am planning to get my SSN soon using my husband's family name.

i am confused which one to do first. can i apply for my SSN even without my EAD application? or do i need to process the EAD first.

ty!

[I'm Gone 60]

As long as you haven't not been here over 76 days you are eligible to be assigned an SSN based on your K-1 status and using your I-94 as evidence. The problem is some SSA offices get confused with procedure once you marry and apply using your married name. So you have the option of applying in your maiden name or married name after getting married. If the office gives you trouble applying with your married name you can hold your ground and ask for a manager and tell them to read RM 00203.500 C1 or leave and try another office.

[reeses16 8]

http://www.visajourney.com/forums/index.ph...om&page=ssn

[Mitchamy 0]

i am under k-1 visa, got married a week ago and i am planning to get my SSN soon using my husband's family name.

i am confused which one to do first. can i apply for my SSN even without my EAD application? or do i need to process the EAD first.

ty!

You can aplly for your SSN even without EAD ,use your maiden name then when your AOS approve you will replace it with your married name.

[cooper 0]

My fiancee arrived in the US Sept 2006 we got married 3 weeks later. When we went to the SS office to apply for a SS two days later they said that there was a new rule in place and that applicants that arrived with a K-1 visa could not rec a SS number until they had the green card. I called the SS office and they confirmed this. I even went to the SS office with printed documents from the USCIS site that said she was able to get the SS number. They said that the information wasnt up to date and still denied her the SS number. We had to wait until December when we got her 2 yr card to apply for the SS number.

[I'm Gone 60]

My fiancee arrived in the US Sept 2006 we got married 3 weeks later. When we went to the SS office to apply for a SS two days later they said that there was a new rule in place and that applicants that arrived with a K-1 visa could not rec a SS number until they had the green card. I called the SS office and they confirmed this. I even went to the SS office with printed documents from the USCIS site that said she was able to get the SS number. They said that the information wasnt up to date and still denied her the SS number.

Whoever told you that was completely wrong and nothing has changed with SSA and a K-1 being assigned an SSN.

Read the SSA OIG report

http://www.ssa.gov/oig/ADOBEPDF/A-08-07-17044.pdf

[I'm Gone 60]

http://www.visajourney.com/forums/index.ph...om&page=ssn

This is more current info

An individual with K-1 status applying for a work authorized SSN must present evidence at an SSA office to establish his or her age, identity and current lawful employment authorized status.

Note: Checking off on the DS-230 to be assigned an SSN DOES NOT apply for individuals issued K visas. That is only for individuals age 18 or older that have been issued an immigrant visa and all K visa classifications are non immigrant.

The applicant needs to provide at least two documents as evidence to establish age, identity and current lawful employment authorized status. If one document is used for identity and employment authorized, another has to be provided for age.

SSA will not assign an SSN or issue a card to an individual that is within 14 days of his or her alien status expiring. Until the 76th day after entry an individual with K-1 status only needs to provide an unexpired I-94 showing current K-1 status to establish employment authorized status for SSN purposes.

Once, an individual that entered the United States with K-1 status has been in the United States 76 days he or she will need another document, i.e. I-551 or I-766 to establish employment authorized status for SSN purposes.

.

RM 00203.500 Employment Authorization for Nonimmigrants:

http://policy.ssa.gov/poms.nsf/lnx/0100203500#C1

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien Lawfully Admitted for Permanent Residence:

http://policy.ssa.gov/poms.nsf/lnx/0100203410

Suggest that individuals apply for a corrected SSN card to update the SSN record when there has been a name change due to marriage.

Only the marriage document (foreign or domestic) is needed if it meets the following criteria:

-- The new name can be derived from the marriage document, i.e. bride takes the groom's last name, groom takes bride's last name, compound name (with or without hyphen) of each spouse's original name for either or both parties.

Note: State law must also allow the type of name change wishing to be made

-- The marriage occurred within the past two years

-- The marriage document shows sufficient identifying information, e.g., biographical data such as age, date of birth or parent's names, and

-- The identifying information matches the information on his/her current Social Security number record.

The applicant will need to submit an identity document in the old name along with the marriage document if:

-- The marriage occurred within the last two years and has biographical information, e.g., age, date of birth or parent's names which does not match our records, e.g., the SSN record.

-- The marriage occurred within the last two years, but does not show biographical information, or

-- The marriage occurred over two years ago (with or without biographical information.)

The identity document used to establish the old name must match the name on the current SSN record. The identity document is acceptable even if over two years old or expired.

You can refer SSA office personnel to EM-06064 for current procedures for a name change due to marriage:

https://secure.ssa.gov/apps10/public/refere...cttocategory=EM

RM oo203.210 C. Procedure - Immigration Document as Evidence of Legal Name

When an alien applies for an SSN card, SSA presumes the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

RM 00203.210 Changing Numident Name Data:

http://policy.ssa.gov/poms.nsf/lnx/0100203210

This is in addition to proof of current lawful employment authorized status.

When requesting an SSN card, the documents presented, as evidence must be either originals or copies certified by the issuing agency. SSA will not accept uncertified or notarized photocopies as evidence.

"If the applicant has no immediate need for the SSN and the translation can be done promptly or the foreign language document is the only evidence available; have the document translated by an authorized translator and use the document as evidence. If the applicant has a pressing need for an SSN, and evidence other than the foreign language document is available; request other evidence and process the application without the foreign language document."

RM 00203.040 Reviewing SSN Evidence:

http://policy.ssa.gov/poms.nsf/lnx/0100203040#B3

GN 00301.340 Authorized Translators Defined:

http://policy.ssa.gov/poms.nsf/lnx/0200301340

If a foreign-born person has the foreign birth certificate (BC) in his/her possession or can easily obtain a copy, he or she must submit it as proof of age. When a person is foreign-born, a BC may not exist, may not have been recorded shortly after birth, or the probative value of the document may not be high. In these situations, SSA can accept alternative evidence of age in order of probative value. The alternative evidence of age may be less than a year old, e.g., a DHS document or passport.

You can find detailed information regarding evidence that establishes age on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203110

The documents acceptable as evidence of identity are now based on three factors: (1) the applicant’s age, (2) the applicant’s citizenship/alien status, and (3) the relative probative value of documents.

Primary Evidence of identity for an alien:

-- Form I-551, Permanent Resident Card (includes temporary I-551 stamp in combination with an unexpired foreign passport when the I-551 Permanent Resident Card has not yet been issued)

-- Form I-94, Arrival/Departure Record in combination with an unexpired foreign passport

-- Form I-766, Employment Authorization card

However, the acceptability of an identity document must be evaluated on a case by case basis by the office processing the application, taking into consideration the applicant's situation and exploring what evidence is available for the person.

You can find detailed information regarding evidence that establishes identity on the SSA Website at:

http://policy.ssa.gov/poms.nsf/lnx/0100203200

SSA will not accept an application filing receipt or notice of action in place of an immigration document.

Take the required documents, to the nearest Social Security office. Individuals age 12 or older applying for an original SSN and card must apply in person at one of our offices.

You can obtain the address and directions to the nearest Social Security office from the Social Security Office Locator, which is available on the Internet at:

http://www.ssa.gov/locator

Note: Individuals that live or receive mail in an area serviced by a Card Center must apply in person at a Card Center:

http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...hp?p_faqid=1412

When an alien requests an SSN or replacement/corrected SSN card, SSA will verify his or her documents and current status with the appropriate Bureau of the Department of Homeland Security. If the initial verification is not available through the Systematic Alien Verification for Entitlements (SAVE) system, SSA may need to send Form G-845 for manual verification.

RM 00203.735 Requesting Online (Primary) Verification By SAVE:

http://web.archive.org/web/20051002025945/.../lnx/0100203735

Note: If the applicant has changed his/her name after an immigration document, i.e. I-94, was issued, e.g., married and is now using the married name, but has not obtained a corrected immigration document showing the new name; this is not a name discrepancy for enumeration purposes, i.e. SAVE clearance, if the applicant can provide an acceptable legal name change document to establish the new name.

The 14 day status expiration limit for assigning an SSN and/or issuing a card applies even if an individual submitted his or her application before being within the 14 day period and entered the 14 day period while waiting for his or her status to be verified.

For applications submitted after 01/06/2007 SSA offices can submit an additional electronic verification request, that in most cases eliminates the need for a Form G-845 to be sent. However, the response to the additional electronic verification request can be to send copies of the immigration document(s) under cover of Form G-845.

If your status does not verify through the initial SAVE request be sure that the secondary request has been made and return to the SSA office no more than once a week to see if the SSA office has received a response from the secondary verification request. If the G-845 is sent wait two weeks and start checking once a week for a response. Be sure to take your document whenever going into the SSA office.

All cards are mailed from Social Security Headquarters in Baltimore, Maryland to the postal address provided on the application.

You can find additional SSN and employment information on the Internal Revenue Service Website at:

http://www.irs.gov/businesses/small/intern...=129227,00.html

The IRS issues Individual Tax Identification Numbers for tax purposes to individuals that are not eligible to be assigned an SSN.

To be issued an ITIN Form W-7 must be submitted.

For more information you can contact the the ITIN office by calling 1-215-516-4846.

If issued an ITIN and later assigned an SSN, be sure to contact IRS to have the ITIN canceled.

When you apply for a new card card DO NOT DO NOT let them take your old card until you get the new one. Say the dog ate it.

RM 00201.080 Field Office (FO) Disposal of Returned Social Security Number (SSN) Cards:

http://web.archive.org/web/20060210014436/.../lnx/0100201080

2. Card Returned With Request For Replacement Card or New SSN

If the applicant has a card and requests a replacement card (duplicate or corrected) or a new SSN:

-- Ask the applicant to return the old SSN card. (If the applicant does not have the card with him or her, remind the applicant to return the old card to SSA for destruction or to keep the old card in a secure place [not in a wallet or purse]).

NOTE: Do not forcefully confiscate the SSN card if the applicant refuses to relinquish it. Similarly, return the old SSN card if the applicant requests that it be given back.

RM 00203.735 and RM 00201.080 were removed from the SSA Website, but the archived copy is still valid POMS procedure for RM 00201.080 and RM 00203.735 section E is still part of the current version of that POMS section as far as the one letter tolerance, no middle name and having changed your name.

[robanddev 0]

oh ok thanks!

[Chamy and Gatita 3]

Hey "I QUIT" , Thanks a ton for this info. I owe you a beer! You saved us a lot of headache, as did reading the VJ Guide on getting a SSN. We went to our SS office this afternoon and the lady was nice but she said we could not apply because it had not been a month and so my husband would not be in the system yet. I was nice too, and gently commented, oh, I thought it was two weeks? She said, well, he can't apply anyways because he has a K-1 visa and you don't have employment approval. Roadblock # 2! Fortunately, she was genuine and asked a coworker's opinion, because i pressed her and showed her the SS info thing the guide says to print and bring along to the SS office. The second lady said, oh yeah, I've done lots of K-1s, no probem! The first one persisted and the second one said, hey , do you want me to take this over and you can go help decorate the employee break room for christmas? She said yes! So the second lady got our application in. She was funny- she was cheerful and said, I love it when I'm right. Gosh, we did too! She said we may get the card in only one week.

Edited November 26, 2008 by Chamy and Gatita

[STEPHnRIA 2]

Hey "I QUIT" , Thanks a ton for this info. I owe you a beer! You saved us a lot of headache, as did reading the VJ Guide on getting a SSN. We went to our SS office this afternoon and the lady was nice but she said we could not apply because it had not been a month and so my husband would not be in the system yet. I was nice too, and gently commented, oh, I thought it was two weeks? She said, well, he can't apply anyways because he has a K-1 visa and you don't have employment approval. Roadblock # 2! Fortunately, she was genuine and asked a coworker's opinion, because i pressed her and showed her the SS info thing the guide says to print and bring along to the SS office. The second lady said, oh yeah, I've done lots of K-1s, no probem! The first one persisted and the second one said, hey , do you want me to take this over and you can go help decorate the employee break room for christmas? She said yes! So the second lady got our application in. She was funny- she was cheerful and said, I love it when I'm right. Gosh, we did too! She said we may get the card in only one week.

Nice! Congrats!

[Neonred 3,562]

Hey "I QUIT" , Thanks a ton for this info. I owe you a beer! You saved us a lot of headache, as did reading the VJ Guide on getting a SSN. We went to our SS office this afternoon and the lady was nice but she said we could not apply because it had not been a month and so my husband would not be in the system yet. I was nice too, and gently commented, oh, I thought it was two weeks? She said, well, he can't apply anyways because he has a K-1 visa and you don't have employment approval. Roadblock # 2! Fortunately, she was genuine and asked a coworker's opinion, because i pressed her and showed her the SS info thing the guide says to print and bring along to the SS office. The second lady said, oh yeah, I've done lots of K-1s, no probem! The first one persisted and the second one said, hey , do you want me to take this over and you can go help decorate the employee break room for christmas? She said yes! So the second lady got our application in. She was funny- she was cheerful and said, I love it when I'm right. Gosh, we did too! She said we may get the card in only one week.

Don't you just love the way so many people working at the SS office really have no idea of the rules? My wife came here on a K-1, and got the SSN without problem. After we were married we tried to change her name on the card but... the guy we talked to said he couldn't do it. I talked with him a little and he proceeded to tell me that now that we are married my wife needs a K-3 visa!!! AND I told him we were preparing to submit for AOS and AP and he told me we didn't need AP because since we were married she could leave and enter the country with no problems. I tried to correct him but he told me he knew all about immigration as he was an immigrant himself. Instead of arguing I decided to just wait until we had the green card and return then.

We did run into a little snag since we never went back to change her name on the SS card until the state of FL wouldn't issue her a drivers license because the name on her green card did not match the name on her SS card.

[I'm Gone 60]

Hey "I QUIT" , Thanks a ton for this info. I owe you a beer!

I don't drink beer, but how about a 12 pack of Coke Zero? LOL

Don't you just love the way so many people working at the SS office really have no idea of the rules?

That's why I'm here.

Edited November 26, 2008 by I Quit

[Jasman0717 9]

I took Claudeth to the Social Security office about two weeks after she arrived in the US. She got her card in about a month.